NCJ Number
109511
Journal
Health Law Bulletin Issue: 70 Dated: (October 1987) Pages: complete issue
Date Published
1987
Length
18 pages
Annotation
This review of North Carolina law requiring health professionals to report suspected child abuse and neglect considers whose conduct is covered by the reporting law; confidential or privileged information; the consequences of failing to make a report; and immunity for reporting, cooperating, or testifying.
Abstract
All health professionals are bound by the law's requirement that any person or institution who has cause to suspect that a juvenile is abused or neglected make a report to the county social service department. Because the reporting requirement must be read along with the juvenile code's special definitions of 'abused juveniles,' 'neglected juvenile,' and 'caretaker,' it can be ambiguous. Some ambiguities are whether short-term care providers are covered by the law, whether a 'neglected juvenile' includes a child who has not been given necessary medical care when there is no parental failure to provide care, and the proper application of the law to certain disabled infants denied treatment. Another ambiguity is the potential for civil or criminal liability for failing to report suspected abuse or neglect. The law encourages the principle, 'If in doubt, report,' since it provides immunity from civil or criminal liability to anyone who makes a report in good faith. Failure to report when a report is required may result in criminal prosecution, a civil action, or both. The article contains reporting guidelines, selected statistical data on reporting, and relevant 1987 North Carolina legislation.